Bowen v. Bowen
| Decision Date | 22 November 1967 |
| Docket Number | No. 24358,24358 |
| Citation | 223 Ga. 800,158 S.E.2d 233 |
| Parties | Lynwood Clarence BOWEN v. Karen BOWEN. |
| Court | Georgia Supreme Court |
Malone, Drake & Malone, Thomas Wm. Malone, Albany, for appellant.
Smith, Gardner, Wiggins & Geer, M. M. Wiggins, Jr., Albany, for appellee.
Syllabus Opinion by the Court
1. Peeples v. Newman, 209 Ga. 53(1), 70 S.E.2d 749. See Hammond v. Hammond, 90 Ga. 527(1), 16 S.E. 265; Spann v. Edwards, 139 Ga. 715(2), 77 S.E. 1128; Jernigan v. Garrett, 155 Ga. 390(2, 3), 117 S.E. 327; McDowell v. Gould, 166 Ga. 670(5), 144 S.E. 206.
2. Where, upon the hearing of a habeas corpus case, brought by the father of a minor child to regain custody of the child, the applicant claimed the right to custody under the terms of a judgment issued by a court of the State of North Carolina, and where it appears that such judgment was regular upon its face and there having been no attempt to impeach it for fraud, the judge of the superior court was not authorized to change or modify the provisions of the North Carolina judgment on a mere showing by the respondent of slight changes in conditions or circumstances with reference to her situation and which in no way affected or would affect the welfare of the child. There must be some substantial change not naturally expected that affects the welfare of the child before modification of such a judgment will be authorized. Sells v. Sells, 172 Ga. 911, 159 S.E. 237; Watson v. Padgett, 202 Ga. 606, 44 S.E.2d 232; Peeples v. Newman, supra, 209 Ga. at page 57, 70 S.E.2d 749. Evidence shows merely a change in the circumstances of the party seeking a judgment different from the former judgment is not sufficient to authorize a change in the legal custody of a child. There must be a showing that the party to whom custody was originally awarded is no longer able or suited to retain custody or that the conditions and circumstances surrounding the child have so changed that the welfare of the child would be enhanced by modifying the original judgment. Sells v. Sells, 172 Ga. 911, 159 S.E. 237, supra; Shields v. Bodenhamer, 180 Ga. 122, 178 S.E. 294; Hannicutt v. Smith, 218 Ga. 282, 127 S.E.2d 375.
3. The Domestic Relations Court of Guilford County, North Carolina, awarded custody of the child here in question to the father with certain visitation rights in the mother. The mother brought the child to Dougherty County, Ga., and refused to return it to the father when the visitation period terminated. The...
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M.M.A., In re
...in the environment of the non-custodial parent that the law contemplates under this theory. Dearman v. Rhoden, supra; Bowen v. Bowen, 223 Ga. 800, 158 S.E.2d 233 (1967). While we can appreciate the trial court's perception that the father's lifestyle has not always been exemplary, we cannot......
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Tyree v. Jackson, 25872
...195 Ga. 750(1), 25 S.E.2d 518; Conway v. Conway, 223 Ga. 349(2), 155 S.E.2d 17. As this court recently observed in Bowen v. Bowen, 223 Ga. 800(2), 158 S.E.2d 233, 'There must be a showing that the party to whom custody was originally awarded is no longer able or suited to retain custody or ......
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Proctor v. Proctor
... ... circumstances) not naturally expected that affects ... [245 A.2d 687] ... the welfare of the child * * *.' Bowen v. Bowen, ... 223 Ga. 800, 158 S.E.2d 233 (1967). Georgia does not require ... as a prerequisite to a modification of a custody decree that ... ...
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Smith v. Smith, 25135
...is shown.' Gibbs v. North, 211 Ga. 231(2), 84 S.E.2d 833. The type of change which is required was well expressed in Bowen v. Bowen, 223 Ga. 800(2), 158 S.E.2d 233: 'Evidence shows merely a change in the circumstances of the party seeking a judgment different from the former judgment is not......